While a number of pedestrian accidents occur in residential areas, many occur on the highways. Statistics show that over 10 percent of pedestrian fatalities occur on a highway. Pedestrian accidents on the highway can bring up more complicated issues and can result in more serious injuries. While pedestrians on the highway do have a responsibility to protect themselves from the high speed traffic, they may still be entitled to financial recovery. However, depending on their role in the accident, the pedestrian's recovery may be reduced.
If a driver is responsible for causing an accident, the pedestrian can bring a negligence claim against the individual. State or federal agencies responsible for the design and upkeep of the highway can also be named in a lawsuit. If a highway defect plays a role in causing injury to a pedestrian, the agency responsible for maintenance may be held liable for failure to correct the defect.
Pedestrians are often involved in accidents when they attempt to cross the highway or walk in the roadway after dark. In fact, it is reported that over 90 percent of pedestrian highway crashes occur in the dark. Pedestrians may also be walking or standing along the shoulder of the roadway. There are cases where pedestrians are attempting to fix mechanical issues with their own vehicles or attempting to exchange information after a car accident. Driver error is often a cause of pedestrian fatalities in those cases. Poor lighting on the roads can also play a role in these accidents.
Source: FindLaw, "Pedestrian Accidents on Interstate Highways," accessed on Nov. 24, 2015